85228 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

7See Order. 

1See Certain Aluminum Foil from the Sultanate 

of Oman and the Republic of Turkey: 

Countervailing Duty Orders, 86 FR 62782 

(November 12, 2021) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 65750 (November 1, 

2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

50 (January 3, 2023). 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2021 Countervailing 

Duty Administrative Review of Certain Aluminum 

Foil from Turkey,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

5See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

established in the completed segment 

for the most recent period for the 

producer of the merchandise; and (4) 

the cash deposit rate for all other 

producers or exporters will continue to 

be 6.08 percent, the all-others rate 

established in the LTFV investigation 

for this proceeding.7 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

Administrative Protective Order 

This notice serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Treatment of NVR’s Home 

Market Overrun Sales 

Comment 2: Whether Commerce Should 

Revise NVR’s Reported Sales and Cost 

Data to be Based on Theoretical Weight 

Comment 3: Whether Commerce Should 

Apply the Major Input Rule to Value 

NVR’s Affiliate-Supplied Slab 

Comment 4: Whether Commerce Should 

Allocate NVR’s Unreconciled Costs to 

Subject Merchandise 

VI. Recommendation 

[FR Doc. 2023–26882 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–845] 

Certain Aluminum Foil From Turkey: 

Preliminary Results of Countervailing 

Duty Administrative Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies were provided to producers 

and exporters of certain aluminum foil 

(aluminum foil) from the Republic of 

Turkey (Turkey) during the period of 

review (POR), March 5, 2021, through 

December 31, 2021. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Adam Simons, AD/CVD Operations, 

Office IX, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6172. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 12, 2021, Commerce 

published in the Federal Register a 

countervailing duty order on aluminum 

foil from Turkey.1 On November 1, 

2022, Commerce published the notice of 

the opportunity to request a review of 

the Order.2 On January 3, 2023, 

Commerce published the notice of the 

initiation of this administrative review 

in the Federal Register.3 For a complete 

description of the events that followed 

the initiation of this review, see the 

Preliminary Decision Memorandum.4 A 

list of topics included in the 

Preliminary Decision Memorandum is 

provided as the appendix to this notice. 

The Preliminary Decision Memorandum 

is a public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Scope of the Order 

The product covered by the Order is 

aluminum foil from Turkey. For a 

complete description of the scope of the 

Order, see the Preliminary Decision 

Memorandum. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 701 of the Tariff Act of 

1930, as amended (the Act). For each of 

the subsidy programs found 

countervailable, Commerce 

preliminarily determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.5

Companies Not Selected for Individual 

Examination 

The Act and Commerce’s regulations 

do not directly address the subsidy rate 

to be applied to companies not selected 

for individual examination where 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(e)(2) of the Act. However, 

Commerce normally determines the 

rates for non-selected companies in 

reviews in a manner that is consistent 

with section 705(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in an investigation. 

Section 777A(e)(2) of the Act provides 

that ‘‘the individual countervailable 

subsidy rates determined under 

subparagraph (A) shall be used to 

determine the all-others rate under 

section 705(c)(5) {of the Act}.’’ Section 

705(c)(5)(A) of the Act states that for 

companies not investigated, in general, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85229 

6See, e.g., Certain Pasta from Italy: Final Results 

of the 13th (2008) Countervailing Duty 

Administrative Review, 75 FR 37386, 37387 (June 

29, 2010). 

7As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with Assan: Kibar D( ̧s

Ticaret A.S.; Kibar Holding A.S.; and Ispak Esnek 

Ambalaj Sanayi A.S. 

8See 19 CFR 351.224(b). 

9See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023). 

10See 19 351.309(c)(2) and (d)(2). 

11We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

12See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings; Final Rule, 88 FR 

67069 (September 29, 2023). 

we will determine an all-others rate by 

weight averaging the countervailable 

subsidy rates established for each of the 

companies individually investigated, 

excluding zero and de minimis rates or 

any rates based solely on the facts 

available. 

Accordingly, to determine the rate for 

companies not selected for individual 

examination, Commerce’s practice is to 

weight average the net subsidy rates for 

the selected mandatory respondents, 

excluding rates that are zero, de 

minimis, or based entirely on facts 

available.6 We selected ASAS 

Aluminyum Sanayi ve Ticaret A.S. for 

review as a mandatory respondent and 

preliminary determine that it received 

countervailable subsidies at a de 

minimis rate. Therefore, we 

preliminarily determine that the other 

selected mandatory respondent, Assan 

Aluminyum Sanayi ve Ticaret A.S. 

(Assan), is the sole mandatory 

respondent which received 

countervailable subsidies that are above 

de minimis and are not based entirely 

on facts available. Therefore, we are 

preliminarily applying the net subsidy 

rate calculated for Assan to the nonselected companies. 

Preliminary Results of Review 

Commerce preliminarily determines 

the following net countervailable 

subsidy rates for the POR: 

Company 

Subsidy rate 

(percent ad 

valorem) 

ASAS Aluminyum Sanayi ve 

Ticaret A.S ........................ 0.32 

Assan Aluminyum Sanayi ve 

Ticaret A.S7 ...................... 1.15 

Ilda Pack Ambalaj ................. 1.15 

John Good Denizcilik Tas.Ve 1.15 

Panda Aluminyum ................ 1.15 

Seherli Danismanlik A.S ....... 1.15 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed for these preliminary results 

to interested parties within five days 

after the date of publication of this 

notice.8 Pursuant to 19 CFR 351.309(c), 

interested parties may submit case briefs 

to Commerce no later than seven days 

after the date of the last verification 

report issued in this administrative 

review. Rebuttal briefs, limited to issues 

raised in the case briefs, may be filed 

not later than five days after the date for 

filing case briefs.9 Interested parties 

who submit case briefs or rebuttal briefs 

in this proceeding must submit: (1) a 

table of contents listing each issue; and 

(2) a table of authorities.10 All briefs 

must be filed electronically using 

ACCESS. An electronically filed 

document must be received successfully 

in its entirety in ACCESS by 5:00 p.m. 

Eastern Time on the established 

deadline. As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this review, we 

instead request that interested parties 

provide at the beginning of their briefs 

a public, executive summary for each 

issue raised in their briefs.’’ 11 Further, 

we request that interested parties limit 

their executive summary of each issue 

to no more than 450 words, not 

including citations. We intend to use 

the executive summaries as the basis of 

the comment summaries included in the 

issues and decision memorandum that 

will accompany the final results in this 

administrative review. We request that 

interested parties include footnotes for 

relevant citations in the executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).12

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. Requests should contain: (1) 

the party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of issues to be 

discussed. Issues raised in the hearing 

will be limited to those raised in the 

respective case briefs. If a request for a 

hearing is made, Commerce will inform 

parties of the scheduled date for the 

hearing. An electronically filed hearing 

request must be received successfully in 

its entirety by Commerce’s electronic 

records system, ACCESS, by 5:00 p.m. 

Eastern Time within 30 days after the 

date of publication of this notice. 

Assessment Rates 

Consistent with section 751(a)(1) of 

the Act and 19 CFR 351.212(b)(2), upon 

issuance of the final results, Commerce 

will determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

countervailing duties on all appropriate 

entries covered by this review. We 

intend to issue instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

In accordance with section 

751(a)(2)(C) of the Act, Commerce also 

intends to instruct CBP to collect cash 

deposits of estimated countervailing 

duties in the amounts shown for each of 

the companies listed above with regard 

to shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the date of 

publication of the final results of this 

review. For all non-reviewed firms, CBP 

will continue to collect cash deposits of 

estimated countervailing duties at the 

all-others rate or the most recent 

company-specific rate applicable to the 

company, as appropriate. These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Verification 

On April 13, 2023, the Aluminum 

Association Trade Enforcement Working 

Group and its individual members 

requested that Commerce conduct 

verification of the factual information 

submitted by the respondents in this 

administrative review. Accordingly, as 

provided in section 782(i)(3) of the Act, 

Commerce intends to verify certain of 

the information relied upon for its final 

results. 

Notification to Interested Parties 

We are issuing and publishing these 

preliminary results in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act, and 19 CFR 351.221(b)(4). 


ddrumheller on DSK120RN23PROD with NOTICES1
85230 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

1See Refillable Stainless Steel Kegs from the 

Federal Republic of Germany and the People’s 

Republic of China: Antidumping Duty Orders, 84 

FR 68405 (December 16, 2019) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 73752 (December 1, 

2022). 3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

7060 (February 2, 2023) (Initiation Notice). 4See Ulix’s Letter, ‘‘Separate Rate Certification,’’ 

dated March 6, 2023; see also Jingye’s Letter, ‘‘No 

Sales & Separate Rate Certification,’’ dated March 

6, 2023. 

5See Memorandum, ‘‘Respondent Selection,’’ 

dated September 14, 2022. 

6See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review of Refillable Stainless Steel 

Kegs from the People’s Republic of China; 2021– 

2022,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

7See Appendix II. 8See Antidumping Proceedings: Announcement 

of Change in Department Practice for Respondent 

Selection in Antidumping Duty Proceedings and 

Conditional Review of the Nonmarket Economy 

Entity in NME Antidumping Duty Proceedings, 78 

FR 65963 (November 4, 2013). 

9See Order. 

10See Initiation Notice (‘‘All firms listed below 

that wish to qualify for separate rate status in the 

administrative reviews involving NME countries 

must complete, as appropriate, either a separate rate 

application or certification, as described below.’’); 

see also Appendix II for the list of companies that 

are subject to this administrative review that are 

considered to be part of the China-wide entity. 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Period of Review 

IV. Scope of the Order 

V. Subsidies Valuation 

VI. Benchmarks and Interest Rates 

VII. Analysis of Programs 

VIII. Recommendation 

[FR Doc. 2023–26877 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–093] 

Refillable Stainless Steel Kegs From 

the People’s Republic of China: 

Preliminary Results of the 

Antidumping Duty Administrative 

Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that certain producers and/ 

or exporters made sales of refillable 

stainless steel kegs (kegs) at less than 

normal value during the period of 

review (POR) April 1, 2021, through 

March 31, 2022. Interested parties are 

invited to comment on the preliminary 

results of this review. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Aleksandras Nakutis and Jacob Keller, 

AD/CVD Operations, Office I, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3147 

and (202) 482–4849, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 16, 2019, Commerce 

published in the Federal Register the 

AD order on kegs from China.1 On 

December 1, 2022, Commerce published 

a notice of opportunity to request an 

administrative review of the Order, 

covering the POR, pursuant to section 

751(a)(1) of the Tariff Act of 1930, as 

amended (the Act).2 On February 2, 

2023, based on timely requests for 

review, Commerce initiated an 

administrative review of the Order 

covering the POR.3 On March 6, 2023, 

Guangzhou Ulix Industrial & Trading 

Co., Ltd., (Ulix) and Guangzhou Jingye 

Machinery Co., Ltd., (Jingye) each 

timely filed a no-shipment certification 

(NSC) and a separate rate certification.4

This administrative review covers 41 

companies.5

Scope of the Order 

The merchandise covered by this 

Order are kegs, vessels, or containers 

with bodies that are approximately 

cylindrical in shape, made from 

stainless steel (i.e., steel containing at 

least 10.5 percent chromium by weight 

and less than 1.2 percent carbon by 

weight, with or without other elements), 

and that are compatible with a ‘‘D 

Sankey’’ extractor (refillable stainless 

steel kegs) with a nominal liquid 

volume capacity of 10 liters or more, 

regardless of the type of finish, gauge, 

thickness, or grade of stainless steel, and 

whether or not covered by or encased in 

other materials. The merchandise 

covered by the orders are currently 

classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) 

under subheadings 7310.10.0010, 

7310.10.0050, 7310.29.0025, and 

7310.29.0050. These HTSUS 

subheadings are provided for 

convenience and customs purposes; the 

written description of the scope of the 

orders is dispositive. A full description 

of the scope of the Order is provided in 

the Preliminary Decision 

Memorandum.6

Preliminary Results and Referral to 

U.S. Customs and Border Protection 

Based on record information, 

Commerce preliminarily determine that 

all 41 companies subject to this 

administrative review are a part of the 

China-wide entity.7 Regarding Jingye 

and Ulix’s NSCs, we preliminarily 

determine these responses to be 

unreliable and that use of facts 

otherwise available with an adverse 

inference is warranted, pursuant to 

sections 776(a)–(b) of the Act, to 

determine that Jingye and Ulix have not 

substantiated their NSCs. Moreover, for 

reasons discussed in the Preliminary 

Decision Memorandum, Commerce is 

preliminarily treating Jingye and Ulix as 

part of the China-wide entity and 

Commerce is referring its preliminary 

findings to U.S. Customs and Border 

Protection (CBP) to investigate evasion 

of the Order. 

China-Wide Entity 

Under Commerce’s policy regarding 

the conditional review of the Chinawide entity,8 the China-wide entity will 

not be under review unless a party 

specifically requests, or Commerce selfinitiates, a review of the entity. Because 

no party requested a review of the 

China-wide entity in this review, the 

entity is not under review, and the 

entity’s rate (i.e., 77.13 percent) is not 

subject to change.9 Commerce considers 

the 41 companies for which a review 

was requested (which did not file a 

separate rate application or did not 

demonstrate separate rate eligibility) 

listed in Appendix II to this notice, to 

be part of the China-wide entity.10

Methodology 

Commerce is conducting this review 

in accordance with section 751(a)(1)(B) 

of the Act. For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

I to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 


ddrumheller on DSK120RN23PROD with NOTICES1